Have you considered the effect of losing the income tax benefit of stepped up basis before worrying about the exemption code for the recordation tax? You really need to consult a lawyer or, at least, a CPA, to determine whether you are exempt from all taxes. You might be, but your focus on a... View More

You know who holds the lien -- Chase Bank. So, contact them. You might want a lawyer to do that, because, if it is an old lien, it might be invalid or arguably so, and you might be able to negotiate it down using a lawyer, especially with all the interest and penalties that likely apply.

The problem is that legal effort to help you will inevitably cost more than you will gain. I suppose a lawyer might teach you how to file a small claim in District Court, but that might take a couple hours, and the lawyer would want to be paid. It is also possible that your homeowner's... View More

Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More

You need to retain counsel for a lease review. Commercial leases are not controlled by consumer rental laws. The lease is usually binding, but commercial leases are often longer and complex. You need to know what your lease says, and you should have had counsel review before you signed it. That... View More

You need to map out the family tree of the wife carefully, so you need a consult with a lawyer and, possibly, a genealogical expert. Unless some estate planning was done, it seems unlikely anything goes to husband’s descendants, but you might get a fee for acting as Administrator if you can qualify.

To be enforceable, it must be in writing and signed by the grantor. To be useful in the event of a sale of the property. it should be recorded properly. To be unambiguous, it's not a bad idea to have the easement surveyed so it is described accurately in terms that won't change when a... View More

You can sue both, but you lack privity with the contractor, and while privity should not be required in a tort suit, it might be successfully asserted as a defense. Your clearer claim is against your neighbor for negligence and trespass, but he may seek to defend by joining or confusing the issue... View More

If you open a foreign LLC to do business in Virginia by owning and renting property in the state, you will need to register the foreign corporation or LLC in Virginia. You will not be exempt from Virginia sales or other taxes on the Virginia income. So, you will pay corporate franchise tax in both... View More

I'm not sure this is a legal problem unless you need to file a Change of Name lawsuit to square up the vital records. My guess is that your parents were not married at your birth, and the father was not publicly identified, so the first birth certificate -- the one your mother gave you -- has... View More

DC Landlord & Tenant law is extremely complex, and it is extraordinarily tenant-friendly. Your daughter is in a much more powerful position than you would be -- or than a Virginia lawyer in Virginia Beach would believe. If she wants to stay, it is very likely that she can mess with the... View More

The cause of death is not material. If you are the closest relative, as in this case might be if your sibling had no issue (including adoptees) or living parents, you are the most eligible to probate the sibling's estate. You have no duty to do this, and you might decline if the sibling had no... View More

The title company is required to report funds sent to you to the IRS based on your social security number. If you don't give them it, you cannot sell, and you will just have to pay the damages for breaching the contract to the buyer and the brokers. Then, you should ask them for their social... View More

It is important to read the clause in the context of the entire document, but if you have a completely discretionary right to satisfaction and you are satisfied, that might be quite useful. Consult counsel licensed in the appropriate jurisdiction and familiar with local contracts and customs, and... View More

The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More

That is some seriously poor estate planning, and it may be worthwhile to sit down with a lawyer to check the deed (not the deed of trust) any other trusts, and whether your step-father had a will. But, if the deed was by entireties and bought during the marriage, it became his house when she died,... View More

You need to sit down with a lawyer experienced in Virginia probate law to review the Will, if any, the property deeds, if any, the family tree, and the other assets your father owned. If your father had a wife or children and no Will, his brother is not in his intestate succession. But, if you let... View More

Either co-owner of the property can petition the court for sale in lieu of partition as long as the property isn't subject to partition. Partition is mostly an available remedy for farmland. The legal fees for the petition are, under Virginia Code, reimbursed from the proceeds of the sale by... View More

You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.